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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 19, 2009, the Defendant received a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act (drinking driving), and on June 14, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime from the Changwon District Court's Jinju branch.
On March 26, 2016, at around 00:38, the Defendant driven a Dacop truck under the influence of alcohol content 0.080% while under the influence of alcohol at around 0.080%, from the front corner of the third apartment apartment of the Sinsan-do So-ri, Sinsan-do, Sinsan-si, to the entrance of the same Ri-dong village.
Summary of Evidence
1. Statement by the defendant in court;
1. A written inquiry about the result of regulating drinking driving;
1. Previous convictions: Inquiries about criminal history and application of the Acts and subordinate statutes governing summary orders;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. To determine a punishment as ordered in order to prevent recidivism by a defendant, taking into account the criminal records of the same crime (the sentence of a suspended sentence of imprisonment with prison labor for a period of up to 2002 and four times after 200), driving circumstances, drinking volume, etc. of the reason for sentencing under Article 62-2 of the Criminal Act, such as protection observation and order to attend lectures, order to attend a lecture, and order